Title 43 — Occupations and Professions

1. The board may issue a temporary license to an applicant who pays the temporary license fee and meets all the qualifications for licensure, except the successful completion of the certification examination if the applicant submits evidence to the board that the applicant is a c…

A license issued under this chapter must be renewed annually on a date designated by the board. The board shall renew a license upon payment of the renewal fee, submission of a renewal application in a form approved by the board, and submission of evidence satisfactory to the boa…

The board shall adopt rules pertaining to fees, licensure, investigations, and disciplinary proceedings.

The board may require an applicant for licensure or a licensee who is the subject of a disciplinary investigation to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by sectio…

1. The board may cancel, revoke, suspend, or restrict the license of a genetic counselor; may issue public reprimands; and may issue fines, not to exceed one thousand dollars, if the board is satisfied by proof by a preponderance of the evidence, in compliance with chapter 43-17,…

Upon application, the board may reinstate or renew a license of an applicant whose license has been canceled, suspended, or revoked. The board may establish the protocol for reinstatement and renewal under this section and may impose conditions for reinstatement and renewal.

1. The board shall appoint a genetic counselor advisory committee composed of at least one genetic counselor and at least two physicians licensed under chapter 43-17. Except for initial appointments, each committee member shall serve a term of three years. The term of initial app…

It is a class B misdemeanor to knowingly violate this chapter.

As used in this chapter, unless the context otherwise requires: 1. "Acupuncture" means an East Asian system of health care that maintains and restores the health of patients through treatments that include patient education, botanical medicine, qi gong, tai qi, or the stimulation…

Some of the therapies used by an acupuncturist, such as the use of botanical medicine, foods, and such physical forces as needling and touch are not the exclusive privilege of acupuncturists. This chapter does not restrict or apply to the scope of practice of any other profession…

1. Effective January 1, 2016, an individual may not practice any form of acupuncture without a current acupuncture license issued by the board. 2. An acupuncturist may use the title "Licensed Acupuncturist" and the abbreviation "LAc" when used to reflect that title. Effective Jan…

To obtain a license to practice acupuncture in this state, an application must be made to the board. The application must be upon the form adopted by the board and must be made in the manner prescribed by the board.

1. An applicant for acupuncture licensure shall file an application on forms provided by the board showing to the board's satisfaction that the applicant is of good moral character and satisfied all of the requirements of this chapter and chapter 43-57, including: a. Successful c…

Notwithstanding the education and examination requirements for licensure under subdivisions a and b of subsection 1 of section 43-61-05, if an applicant was a bona fide resident of the state from January 1, 2015, through December 31, 2015, was practicing acupuncture in this state…

1. An acupuncturist may practice acupuncture as a limited practice of the healing arts as exempted under section 43-17-02. An acupuncturist may not: a. Prescribe, dispense, or administer any prescription drug; or b. Claim to practice any licensed health care profession or system …

An acupuncturist has the same duties as a licensed physician with regard to public health laws, reportable diseases and conditions, communicable disease control and prevention, and local boards of health, except that the authority and responsibility are limited to activities cons…

A hospital may employ an acupuncturist in the same manner as provided under section 43-17-42.

As used in this chapter: 1. "Board" means the North Dakota medical imaging and radiation therapy board. 2. "Certification organization" means a national certification organization that specializes in the certification and registration of medical imaging and radiation therapy tech…

An individual may not perform or offer to perform medical imaging or radiation therapy on humans for diagnostic or therapeutic purposes or otherwise indicate or imply that the individual is licensed to perform medical imaging or radiation therapy unless that individual is license…

This chapter does not apply to the following: 1. A licensed practitioner performing medical imaging or radiation therapy. 2. A dental assistant or dental hygienist licensed under chapter 43-20. 3. A student enrolled in and attending a school or college of medicine, medical imagin…

1. The governor shall appoint a North Dakota medical imaging and radiation therapy board consisting of nine members including: a. Five medical imaging or radiation therapy professionals chosen to represent the areas of radiography, radiation therapy, nuclear medicine technology, …

The term of office of each member of the board is four years and until a successor is appointed and qualified. The terms must be so arranged that no more than four terms expire on the thirty-first of July of each year. The governor shall fill all vacancies by appointment. In case…

The governor for good cause shown and upon the recommendation of three-fourths of the members of the board may remove any member of the board for misconduct, incapacity, or neglect of duty.

The board shall elect a president and vice president from its members and a secretary- treasurer. The secretary-treasurer need not be a member of the board. The secretary-treasurer must be the general administrative and prosecuting officer of the board.

The board shall hold at least two meetings each year to conduct business and to review the standards and rules for improving the administration of medical imaging or radiation therapy. The board shall establish the procedures for calling, holding, and conducting regular and speci…

In addition to any other powers, the board may: 1. Administer this chapter. 2. Issue interpretations of this chapter. 3. Adopt rules as may be necessary to carry out this chapter. 4. Employ and fix the compensation of personnel the board determines necessary to carry into effect …

A member of the board may not participate in the making of any decision or the taking of any action by the board or a board committee which affects the member's personal, professional, or pecuniary interest, or that of a known relative or business or professional associate.

The board shall keep a record of its proceedings and applications for licensure. An application record must be preserved for at least six years beyond the disposition of the application or the last annual registration of the licensee, whichever is later. Protected health informat…

The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

A member of the board is entitled to receive for each day during which the member actually is engaged in the performance of the duties of the member's office per diem as determined by the board and mileage as provided in section 54-06-09. The secretary of the board is entitled to…

1. The board shall issue a license to a qualified applicant. To qualify for licensure, an applicant shall comply with the modality licensure requirements under subsection 2, 3, 4, or 7, comply with board requirements adopted by rules, and submit satisfactory evidence, verified by…

1. Effective August 1, 2019, an individual licensed or permitted as a fluoroscopy technologist by the North Dakota board of medicine who is in good standing on that date, automatically becomes licensed as a fluoroscopy technologist by the North Dakota medical imaging and radiatio…

1. A license issued by the board under this chapter must specify each medical imaging or radiation therapy modality for which the licensee is qualified to practice under section 43-62-14. 2. The board shall adopt by rule standards concerning scope of practice for medical imaging …

1. The board shall set all fees by rules adopted under this chapter. All fees payable to the board must be deposited in the name of the board in financial institutions designated by the board as official depositories and must be used to pay all expenses incurred in carrying out t…

1. A license issued under this chapter must be renewed before January second every two years. The license must be renewed upon the payment of a renewal fee if the licensee is not in violation of this chapter and has complied with any continuing education requirements adopted by r…

The board may take disciplinary action against a licensee by any of the following means: 1. Revocation of license. 2. Suspension of license. 3. Probation. 4. Imposition of stipulations, limitations, or conditions relating to the performance of medical imaging or radiation therapy…

Disciplinary action may be imposed against a licensee upon any of the following grounds: 1. The use of any false, fraudulent, or forged statement or document, or the use of any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of the licensing requirem…

In any order or decision issued by the board in resolution of a disciplinary proceeding in which disciplinary action is imposed against a medical imaging or radiation therapy professional, the board may direct any medical imaging or radiation therapy professional to pay the board…

An individual who performs medical imaging or radiation therapy in this state without complying with this chapter, and any individual who violates any provision of this chapter for which another penalty is not specified is guilty of a class B misdemeanor. In addition to the crimi…

For purposes of this chapter, unless the context otherwise requires: 1. "Board" means the state board of integrative health care created under chapter 43-57. 2. "Licensed assistant behavior analyst" means an individual who is licensed under this chapter as a licensed assistant be…

1. Effective January 1, 2020, an individual may not practice applied behavior analysis without a current license issued by the board under this chapter. 2. A licensed behavior analyst may use the title "licensed behavior analyst." A licensed assistant behavior analyst may use the…

To obtain a license to practice applied behavior analysis in this state, an applicant shall submit an application to the board. The application must be upon the form adopted by the board and must be made in the manner prescribed by the board.

1. An applicant for licensure shall file an application on forms provided by the board showing to the board's satisfaction the applicant is of good moral character and has satisfied the requirements of this chapter and chapter 43-57, including: a. Successful completion of educati…

Notwithstanding the education, experience, and examination requirements for licensure under this chapter, if on December 31, 2019, an applicant held a valid license or registration issued by the state board of psychologist examiners under chapter 43-32, the applicant is deemed to…

As used in this chapter: 1. "Advertisement" means a communication or statement, whether printed, electronic, or oral, which names the health care practitioner in relation to the practitioner's practice, profession, or institution in which the practitioner is employed, volunteers,…

1. An advertisement for health care services which names a health care practitioner must identify the type of license held pursuant to the definitions under this chapter. The advertisement may not contain deceptive or misleading information. 2. A health care practitioner providin…

1. Failure to comply with this chapter constitutes a violation under this chapter. 2. A health care practitioner who violates this chapter is deemed to have engaged in unprofessional conduct, which may be grounds for disciplinary action under the licensure provisions governing th…

As used in this chapter: 1. "Community health representative" means an individual trained through the Indian health service to provide community-based and medically guided health care, which may include traditional native concepts. 2. "Community health worker" means an individual…

An individual may not use the title "community health worker" unless that individual is certified as a community health worker under this chapter.

1. The department shall establish and implement a method for certifying community health workers, including: a. Community health representatives; and b. Other qualified individuals. 2. In implementing this section, the department may: a. Adopt rules; b. Charge a fee for certifica…